Independent monitoring of places of detention
(13) While noting the State party’s affirmation that all places of detention are monitored by independent national
and international organizations without any restrictions and that they would welcome further inspections including
by the International Committee of the Red Cross (ICRC), the Committee remains concerned at information received,
indicating that acceptable terms of access to detainees were absent, causing, inter alia, the ICRC to cease prison
visits in 2004.
The State party should ensure that fully independent monitoring of detention and other custodial
facilitates is permitted, including by independent and impartial national and international experts and
non-governmental organizations, in accordance with their standard methodologies.
Results of investigations
(14) While appreciating the responses by the State party regarding cases raised by the Committee in which
violations of the Convention are alleged, the Committee notes with concern that the State party often presents
extensive detail on the alleged crimes committed by individuals rather than providing information on the results of
investigations into the allegations of torture.
The State party is reminded that no exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal political instability or any other public emergency, may be invoked as a
justification for torture.
Fully independent complaints mechanism
(15) Notwithstanding the bodies established by the State parties to investigate complaints, such as through
instruction 334 of the Ministry of Internal Affairs and special staff inspection units and the Parliamentary
Ombudsperson, the Committee is concerned that these bodies have not been effective in combating torture and lack
full independence. The Committee expresses concern that despite the State party’s report of thousands of cases
registered annually about alleged abuses by law enforcement personnel, and the Ombudsperson’s visits to places of
detention, it was stated that no appeals regarding torture were received and no reason provided. The Committee also
notes that the State party should consider making the declarations under articles 21 and 22 of the Convention.
The State party should ensure in law and in practice that every person has the right to complain to a
fully independent mechanism that will investigate and respond promptly, in compliance with the
principles relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles). The State party is urged to ensure that all procedures for dealing with
these complaints are effective and independent and should take the necessary measures to ensure that
the Parliamentary Ombudsperson is fully independent, in accordance with the Paris Principles. In
addition, the State party should make the necessary declarations under articles 21 and 22 of the
Convention.
Closure of human rights and other independent organizations
(16) The Committee is concerned at the information received about the intimidation, restrictions and
imprisonment of members of human rights monitoring organizations, human rights defenders and other civil society
groups, and the closing down of numerous national and international organizations, particularly since May 2005.
The Committee appreciates the information that Mutabar Tojibayava is eligible for amnesty, but remains concerned
at the reports of ill-treatment and denial of fundamental safeguards regarding her trial and those of other civil society
advocates and detainees.
The State party should take all necessary measures to ensure that independent human rights monitors
are protected from unjust imprisonment, intimidation or violence as a result of their peaceful human
rights activities.
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